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| Areas of Practice |
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| Personal injury |
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Personal injury falls under
the category of tort law. Torts are civil wrongs
recognized by law as grounds for a lawsuit. These
wrongs result in an injury or harm constituting the basis
for a claim by the injured party. While some torts
are also crimes punishable with imprisonment, the primary
aim of tort law is to provide relief for the damages incurred
and deter others from committing the same harm. The types
of damages the injured party may recover include: loss
of earnings capacity, pain and suffering, and reasonable
medical expenses. They include both present and
future expected losses.
Liability is based upon the defendant's failure to exercise
reasonable care, which failure could foreseeably result
in the harm which actually occurred to the plaintiff.
Some of the common situations which give rise to personal
injury claims involve motor vehicle accidents and slip
and fall cases on icy sidewalks or spills in a place of
business open to the public. |
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| Construction Law |
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Construction, involving any
improvement or alteration to real property (“real
estate”), including demolition work to clear a site,
is subject to all of the principles and doctrines of law,
under the broad, general classification of Construction
Law. The basic principles of law and equity affecting
real property have evolved from a broad body of basic
laws, regulations, standards, practices, custom, usage,
codes and technology.
Construction law may embody improvements of all sizes
and complexity from basic, residential work, to enormous,
complex projects of hydroelectric impoundment and generation,
city planning, and mass transportation. While construction
law cuts across a broad spectrum of laws, it is still
closely interrelated with many of the traditionally recognized
principals and doctrines of the law, including: real property,
contracts, torts, business organizations, labor, tax,
and (possible) conflicts of laws.
Contract terms and definitions in construction contracts
are very important, because they eliminate ambiguity and
misunderstanding; they also govern the specific understanding
and agreement of the parties to the contract, and provide
the framework for interpretation and resolution of construct
contract claims under the laws of each state. |
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| Criminal Law |
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| The American criminal
system is an adversarial and accusatorial model. Criminal
procedure must balance the defendant's rights and the
state's interests in a speedy and efficient trial with
the desire for justice. Therefore, the rules of criminal
procedure are designed to ensure that a defendant's rights
are protected. The rules of criminal
procedure are different from those of civil procedure,
because the two areas (criminal and civil) have different
objectives and results. In criminal cases, the state
brings the suit and must show guilt beyond a reasonable
doubt, while in civil cases the plaintiff brings the
suit and must only show the defendant is liable by a
preponderance of the evidence. |
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| Speeding & Moving Violations
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| An offense of traveling at
a speed greater than that specified by the posted limit.
A "Serious Traffic Violations" include unlawful
speed (15 MPH or more over the posted speed), careless
or reckless driving, fleeing or attempting to elude a
police officer, other traffic offenses committed in a
commercial motor vehicle resulting in the death or personal
injury of any person, and commercial motor vehicles not
properly insured. |
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| Entertainment Law |
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| Entertainment law encompasses
legal areas such as copyright, trademark, contract, multimedia
law, intellectual property, and book publishing. Related
areas of law include first amendment law, telecommunications
law, sports law, and all areas of intellectual property
law. The personal service agreement is a primary legal
instrument in the entertainment industry. This agreement
is negotiated between an artist and a company that manufactures,
promotes, and distributes the artist's goods or services.
The agreement often binds the artist to produce for one
company for a certain period of time. Personal service
agreements are often governed by statutes, and are often
the subject of litigation because they restrict the rights
of artists to perform or create for any entity except
the company with whom they have contracted. |
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| Health Care |
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| The federal and state governments
are the largest payors of health care services in the
United States. The largest federal programs are Medicare
and Medicaid. It has often been said that Medicare is
the second largest segment of the federal budget, second
only to Social Security payments. Federal payment policies
often determine how and what health care services are
provided. Preserving public health is a primary duty of
the state. Health regulations and laws are therefore almost
all state based. Many states delegate authority to subordinate
govermental agencies such as boards of health. |
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| Nursing Home Litigation |
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The practice of nursing as
a registered professional nurse is defined as diagnosing
and treating human responses to actual or potential physical
and emotional health problems, through such services as
casefinding, health teaching, health counseling, and provision
of care supportive to or restorative of life and wellbeing,
and executing medical regimens as prescribed by a licensed
or otherwise legally authorized physician or dentist.
Nursing includes professionals in clinical nursing, nursing
management, healthcare quality assurance and healthcare
risk management. Many legal issues focus on nurses’
professional negligence, employment, discrimination and
licensing. Nurse Practice Acts (NPAs) are laws in each
state that are overseen by the state boards of nursing.
They are also responsible for licensing of nurses and
determining who is competent to practice nursing.
Common Law is derived from principles or social mores
rather than from rules and regulations. It consists
of broad, interpretive principles based on reason, traditional
justice and common sense. Together, the NPAs and
judge made case law define nursing practice. It
is a nurse's responsibility to be informed on both the
NPA and common law of judicial case law for the state(s)
in which they are licensed to practice. |
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| Trademarks |
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Trademarks identify the goods
of one manufacturer from the goods of others. Trademarks
are important business assets because they allow companies
to establish their products reputation without having
to worry that an inferior product will diminish their
reputation or profit by deceiving the consumer. Trademarks
include words, names, symbols and logos. The intent of
trademark law is to prevent consumer confusion about the
origin of a product.
In the United States trademarks may be protected by both
Federal statute under the Lanham Act, 15 U.S.C. §§
1051 - 1127, and states' statutory and/or common laws.
Congress enacted the Lanham Act under its Constitutional
grant of authority to regulate interstate and foreign
commerce.
Under the Lanham Act, a seller applies to register a trademark
with the Patent and Trademark Office. The mark can already
be in use or be one that will be used in the future. If
the trademark is initially, approved by an examiner, it
is published in the Official Gazette of the Trademark
Office to notify other parties of the pending approval
so that it may be opposed. An appeals process is available
for rejected applications.
Under state common law, trademarks are protected as part
of the law of unfair competition. Registration is not
required. States' statutory provisions on trademarks
differ but most have adopted a version of the Model Trademark
Bill (MTB) or the Uniform Deceptive Trade Practices Act
(UDTPA). The MTB provides for registration of trademarks
while the UDTPA does not. |
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| Securities are Investments |
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Securities are investments
whose value depends on the assets and earnings of the
issuer, or the voting power that accompanies such claims.
The value of securities depends on the issuer's financial
condition, products and markets, management, and competitive
and regulatory climate. Securities laws regulate the disclosure
to investors about the value of the entities they seek
to invest in.
The Securities exist in form of notes, stocks, treasury
stocks, bonds, certificates of interest or participation
in profit sharing agreements, collateral trust certificates,
preorganization certificates or subscriptions, transferable
shares, investment contracts, voting trust certificates,
certificates of deposit for a security, and a fractional
undivided interest in gas, oil, or other mineral rights.
A home mortgage or a note secured by accounts receivable
or other business assets are not securities. |
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| Toxic Torts |
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| A toxic tort is a tort caused
by contact with a toxic substance. Because of the deveolpment
in corporate industry, the number of dangerous, toxic
substances in our environment has grown exponentially.
Some of the toxic tort lawsuits involve lead-based paint,
asbestos, dry cleaning and other solvents, pesticides
such as dioxin and DDT, electro-magnetic fields from utility
wires or major appliances, toxic landfill waste, breast
implants, various drugs and pharmaceuticals such as DES
and tainted L-tryptophan ,common industrial chemicals
such as benzene and PCBs heavy metals, and other chemicals
such as mercury and arsenic. |
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| Wrongful Death |
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Wrongful death is a civil action
which charges another with being liable for injury resulting
in another's death by reason of negligent actions or a
failure to act which could foreseeably result in death.
The plaintiff (the executor or administrator of the estate
of the decedent, family member, or spouse) must prove
that the decedent would not have died but for the negligence
of the defendant.
Damages which may be recovered are medical expenses, loss
of wages and future earnings, loss of consortium, loss
of support, and loss of companionship. A child might be
entitled to compensation for the personal loss of a father
as well as the amount of financial support the child would
have received from the deceased parent while a minor,
a wife would recover damages for loss of her husband's
love and companionship and a lifetime of expected support,
while a parent would be limited to damages for loss of
companionship but not support. |
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| Automobile Accidents |
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| Even a minor car accident can
be traumatic, but when there's substantial damage to your
property or a personal injury involved, it is best to
seek legal councel. |
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| Sexual Harassment |
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Sexual harassment occurs when
a person is subject to unwelcome sexual advances, requests
for sexual favors, or other verbal or physical conduct
of a sexual nature to such an extent that it alters the
conditions of the person's employment and creates an abusive
working environment. Sexual harassment may include touching,
feeling, groping and/or repeated unpleasant, degrading
and/or sexist remarks directed toward an employee, implying
that employment status, promotion or favorable treatment
depends upon the employee's assent. Pornography displayed
in the workplace or emailed to coworkers may also constitute
sexual harassment.
What exactly constitutes such an environment is determined
on a case-by-case basis. Sexual harassment is a private
nuisance, unfair labor practice or, in some states, a
civil wrong (tort) which may be the basis for a lawsuit
against the individual who made the advances and against
the employer who did not take steps to halt the harassment.
The employer must have notice of the harassment and failed
to take action against it in order to be held liable.
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| Wrongful Termination |
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Wrongful termination is a term
that generally refers to a person being fired illegally.
Many terminations that people think of as "wrongful"
aren't illegal. In most states, employment is "at
will". This means that the employer can fire the
employee for no reason or any reason. However, there are
two main reasons why a termination may be illegal- discrimination
and contracts.
Employers cannot discriminate against employees are the
basis of age, race, sex, national origin, disability,
and a variety of other reasons. Employers cannot discriminate
against an employee because he or she has "whistle
blown", which is reporting illegal activity of the
employer. They also cannot discriminate against an employee
for engaging in other protected activities, such as filing
workers' compensation claims. |
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| Medical Malpractice |
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| Medical malpractice is the
failure of a medical professional to follow the accepted
standards of practice of his or her profession, resulting
in harm to the patient. Usually, proof of failure to comply
with accepted standards of medical practice requires the
testimony of someone with expertise in the area of medical
practice. Some states have special evidentiary rules applicable
to malpractice claims. |
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| Slip and Fall |
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Property owners are often responsible
if someone falls on their property. Companies and municipalities
are responsible for the maintenance of their streets and
sidewalks. This means that they have to clean the sidewalk
when it snows, they have to make sure the sidewalks are
safe and ttake measures so that the pedestrian can safely
walk their property. If you fall on the sidewalk because
of ice, fall in a supermarket because of a wet aisle,
or fall down a set of stairs without a proper handle or
with poor lighting, a personal injury claim may be filed.
Damages that may be recovered include medical expenses,
compensation for pain and suffering, loss of consortium,
and lost wages. It is not always necessary to show that
the property owner had actual notice of the slippery or
unsafe condition, 'constructive notice' may create liability
when the defendant reasonably should have been aware of
the unsafe condition. |
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| Products Liability |
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Products liability refers to
the liability of any or all parties along the chain of
manufacture of any product for damage caused by that product.
This includes the manufacturer of component parts, an
assembling manufacturer, the wholesaler, and the retail
store owner. Product liabilty suits may be brought by
the consumer or someone to whom the product was loaned.
While products are generally thought of as tangible personal
property, products liability law has stretched that definition
to include intangibles (gas), naturals (pets), real estate
(house), and writings (navigational charts).
Products liability claims can be based on negligence,
strict liability, or breach of warranty of fitness depending
on the jurisdiction within which the claim is based. In
a strict liabilty theory of liability, the degree
of care exercised by the manufacturer is irrelevant, as
long as the product is proven to be defective, they will
be held liable for the harm resulting fronm the defect.
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| Estate Planning |
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The term "estate"
has different meanings in legal terminology. In one usage,
estate may mean all the possessions of one who has died
and are subject to probate administration supervised by
the court and distribution to heirs and beneficiaries.
The Uniform Probate Code has shaped state law in this
field. It includes provisions dealing with affairs and
estates of the deceased and laws dealing with specified
nontestamentary transfers (transfers not through a will),
like trusts and their administration. Since its creation,
over thirty percent of states have adopted the Code substantially
in whole.
Since many individuals neither set up trusts nor execute
wills, state intestate succesion laws are an important
complement to trust and estate law. They determine where
an individual's assets go upon death in the absence of
a will. |
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| Asset Protection |
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| Asset protection planning
involves figuring out and applying a lawful series of
techniques that protect your assets from claims of future
creditors. The techniques are designed to deter potential
creditors from going after you, and frustrate them if
they do, generally by making it difficult or impossible
for future creditors to grab hold of your assets or collect
judgments against you. In cases
where significant sums are involved, asset protection
planning often includes setting up a series of trusts,
partnerships and/or off-shore entities to hold legal
title to your assets. A future creditor who recognizes
how difficult it would be to collect on any judgment
it may win, might decide it makes little sense to pursue
a claim, or be willing to settle for pennies on the
dollar. |
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| Workers Compensation |
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Workers' Compensation laws
are designed to protect employees who are hurt on the
job. These employees are provided with fixed monetary
awards covered under workers compensation, thus eliminating
the need for excessive litigation.
Employers with over 4 or so employees
(varies by state) are legally required to furnish workers
compensation insurance. If an employee is then injured,
the employee files a claim with the workers compensation
insurance company. Most laws require that you file a
claim within 30 days of the accident, or 30 days after
you learn of the injury (if it is a continuous, latent
injury, such as an inability to breath).
In general, workers compensation
provides replacement income, medical expenses, and vocational
rehabilitation benefits. Usually, workers compensation
will pay you two-thirds of your salary while you are
injured. You may also be eligible for life-long benefits
or a lump sum payment if you are permanently hurt while
on the job. |
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